Emerging FRAND jurisprudence of India – to license or not to license
Published: 12/8/15
Publication: Economic Times Telecom
Innovation, technology and entrepreneurship have of late emerged as key objectives for the Modi Government. Almost every foreign trip of the Prime Minister has been a platform to strongly promote the ‘Digital India’ project, making it a political and economic priority for India’s incumbent government. It is heartening to hear the leader of the world’s fastest growing economy say that his Government will do “everything to make India into an innovation hub”.
The SEP minefield in Europe
Published: 12/8/15
Publication: WIPR
Vague terms in the CJEU’s decision in Huawei v ZTE leave parties with little guidance on how to act when negotiating SEP licences, particularly from an alleged infringer’s perspective. Natalia Porto of Preiskel & Co reports.
The Court of Justice of the European Union’s (CJEU) decision in Huawei v ZTE introduced new guidelines on abuse of a dominant position where a prohibitory injunction is sought by a dominant owner of a standard-essential […]
We need to talkÉabout Pharmaceuticals and Standard Essential Patents
Published: 12/7/16
Publication: Lexology
“At the end of last month, Commissioner Vestager gave a speech at the Chillin’ Competition Conference. The focus: how competition law can protect consumers from anti-competitive behaviours. The Commissioner gave examples of situations in which intervention could be justified, two of which are of particular interest in the competition/IP sphere – pharmaceutical goods and Standard Essential Patents (‘SEPs’)” – [READ MORE]
CSIRO v. Cisco: The Convergence of RAND and non-RAND Royalties for Standards-Essential Patents
Published: 12/7/15
Publication: Patently-O
In Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc. (Fed. Cir., Dec. 1, 2015), the Federal Circuit established important new guidelines for the calculation of “reasonable royalty” damages for standards-essential patents (SEPs), even in the absence of the patent holder’s commitment to license on reasonable and nondiscriminatory (RAND) terms. Chief Judge Prost, writing for a panel that also included Judges Dyk and Hughes, found that Chief Judge Leonard Davis of the Eastern District […]
Mobile phone patent wars likely to intensify in India, industry ministry adviser says
Published: 12/6/16
Publication: Mlex
“The patent wars among global mobile phone makers are likely to intensify in India, and the Competition Commission of India, or CCI, will also look into anticompetitive conduct by patent holders, an adviser to the Indian government has said.
Seema Gaur, an economic adviser at the Department of Industrial Policy and Promotion, which operates under India’s Ministry of Industry and Commerce, told a conference in Hong Kong that more smartphone patent clashes were expected, given […]
Intellectual Property Rights for SMEs in China’s ICT Industry
Published: 12/4/15
Publication: China Briefing
China’s IPR (intellectual property rights) protection system is expanding and improving, but it remains vastly different from the European system. Accordingly, to be successful in China a business must take preventative measures to protect its intellectual property rights; one must obtain valid IPR rights in China as a minimum first step. In other words, the protection of IPR rights should be a key part of a company’s business strategy, whether entering or expanding operations […]